D. Ransom, Son & Co. v. Ball
New York Supreme Court
Appeal from a judgment entered on the findings and decision of the court at special term.
1Opinion of the CourtDwight, J.
The action was to restrain the defendant from infringing the plaintiff’s trade-mark, employed upon the wrappers of a proprietary medicine. The fraud of the defendant in pirating the name of the medicine, the language in which it was described, the directions for its use and the engraved design of the wrappers in which it was sold, was hold and barefaced. There is no attempt to deny or excuse *218it. The only defense alleged is that the plaintiff corporation had no right which the defendant was bound to respect or which a court of equity will interfere to protect, because its-trade-mark was itself…
2Cases cited17 opinions
- Tabor v. . HoffmanNew York Court of Appeals · 1889
- Selchow v. . BakerNew York Court of Appeals · 1883
- Koehler v. . SandersNew York Court of Appeals · 1890
- Caswell v. . HazardNew York Court of Appeals · 1890
- Merry v. . HoopesNew York Court of Appeals · 1888
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